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| 1 | + | Amended IN Assembly March 19, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 702Introduced by Assembly Member WeberFebruary 19, 2019 An act to amend add Section 68666 of 13957.10 to the Government Code, relating to postconviction proceedings. victim compensation, and making an appropriation therefor.LEGISLATIVE COUNSEL'S DIGESTAB 702, as amended, Weber. Counsel representing indigent defendants: payment.Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and limits on the amount of compensation the board may award, and requires the application for compensation to be verified under penalty of perjury.This bill would require the board to provide reimbursement from the fund to any exonerated individual, as defined, for mental health services, as specified.By expanding the authorizations for use of moneys in the continuously appropriated Restitution Fund, this bill would make an appropriation.Existing law authorizes the California Supreme Court to compensate counsel, at a specified hourly rate, for representing indigent defendants in automatic appeals arising out of a judgment of death or for state postconviction proceedings in those cases. Existing law provides that this authorization is not intended to prohibit the hiring of counsel under a flat-fee arrangement.This bill would make technical, nonsubstantive changes to this authorization.Digest Key Vote: MAJORITY2/3 Appropriation: NOYES Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 13957.10 is added to the Government Code, to read:13957.10. (a) The board shall reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration, in accordance with this section.(b) If a person was incarcerated for less than three years, the board shall reimburse the person for services for no less than one year.(c) If a person was incarcerated for three or more years, the board shall reimburse the person for services for no less than two years.(d) The board shall not reimburse the person for services for a period of time exceeding the amount of time the person was incarcerated.(e) The board shall provide payment or reimbursement no more than 30 days after a claim is submitted.(f) As used in this section, an exonerated person is a person who was convicted and subsequently one of the following occurred:(1) A writ of habeas corpus concerning the person was granted on the basis that the evidence unerringly points to innocence, or the persons conviction was reversed on appeal on the basis of insufficient evidence.(2) A writ of habeas corpus concerning the person was granted pursuant to Section 1473 of the Penal Code, resulting in dismissal of the criminal charges for which they were incarcerated.(3) The person was granted an absolute pardon by the Governor on the basis that the person was innocent.SECTION 1.Section 68666 of the Government Code is amended to read:68666.(a)The Supreme Court may compensate counsel representing indigent defendants in automatic appeals arising out of a judgment of death or for state postconviction proceedings in those cases at a rate of at least one hundred twenty-five dollars ($125) per allowable hour, as defined by the Supreme Courts Payment Guidelines for Appointed Counsel Representing Indigent Criminal Appellants. Nothing in this section is intended to prohibit the hiring of counsel under a flat-fee arrangement.(b)The Supreme Court may set a guideline limitation on investigative and other expenses allowable for counsel to adequately investigate and present collateral claims of up to fifty thousand dollars ($50,000) without an order to show cause.(c)It is the intent of the Legislature that payments to appointed counsel be made within 60 days of submission of a billing. | |
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| 3 | + | Amended IN Assembly March 19, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 702Introduced by Assembly Member WeberFebruary 19, 2019 An act to amend add Section 68666 of 13957.10 to the Government Code, relating to postconviction proceedings. victim compensation, and making an appropriation therefor.LEGISLATIVE COUNSEL'S DIGESTAB 702, as amended, Weber. Counsel representing indigent defendants: payment.Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and limits on the amount of compensation the board may award, and requires the application for compensation to be verified under penalty of perjury.This bill would require the board to provide reimbursement from the fund to any exonerated individual, as defined, for mental health services, as specified.By expanding the authorizations for use of moneys in the continuously appropriated Restitution Fund, this bill would make an appropriation.Existing law authorizes the California Supreme Court to compensate counsel, at a specified hourly rate, for representing indigent defendants in automatic appeals arising out of a judgment of death or for state postconviction proceedings in those cases. Existing law provides that this authorization is not intended to prohibit the hiring of counsel under a flat-fee arrangement.This bill would make technical, nonsubstantive changes to this authorization.Digest Key Vote: MAJORITY2/3 Appropriation: NOYES Fiscal Committee: NOYES Local Program: NO | |
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| 5 | - | ||
| 5 | + | Amended IN Assembly March 19, 2019 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 03, 2019 | |
| 8 | 7 | Amended IN Assembly March 19, 2019 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill No. 702 | |
| 13 | 12 | ||
| 14 | 13 | Introduced by Assembly Member WeberFebruary 19, 2019 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member Weber | |
| 17 | 16 | February 19, 2019 | |
| 18 | 17 | ||
| 19 | - | An act to add Section 13957.10 to the Government Code, relating to victim compensation, and making an appropriation therefor. | |
| 18 | + | An act to amend add Section 68666 of 13957.10 to the Government Code, relating to postconviction proceedings. victim compensation, and making an appropriation therefor. | |
| 20 | 19 | ||
| 21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 22 | 21 | ||
| 23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | AB 702, as amended, Weber. Counsel representing indigent defendants: payment. | |
| 26 | 25 | ||
| 27 | - | Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and limits on the amount of compensation the board may award, and requires the application for compensation to be verified under penalty of perjury.This bill would require the board to provide reimbursement from the fund to any exonerated individual, as defined, for mental health services, as specified.By expanding the authorizations for use of moneys in the continuously appropriated Restitution Fund, this bill would make an appropriation. | |
| 26 | + | Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and limits on the amount of compensation the board may award, and requires the application for compensation to be verified under penalty of perjury.This bill would require the board to provide reimbursement from the fund to any exonerated individual, as defined, for mental health services, as specified.By expanding the authorizations for use of moneys in the continuously appropriated Restitution Fund, this bill would make an appropriation.Existing law authorizes the California Supreme Court to compensate counsel, at a specified hourly rate, for representing indigent defendants in automatic appeals arising out of a judgment of death or for state postconviction proceedings in those cases. Existing law provides that this authorization is not intended to prohibit the hiring of counsel under a flat-fee arrangement.This bill would make technical, nonsubstantive changes to this authorization. | |
| 28 | 27 | ||
| 29 | 28 | Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and limits on the amount of compensation the board may award, and requires the application for compensation to be verified under penalty of perjury. | |
| 30 | 29 | ||
| 31 | 30 | This bill would require the board to provide reimbursement from the fund to any exonerated individual, as defined, for mental health services, as specified. | |
| 32 | 31 | ||
| 33 | 32 | By expanding the authorizations for use of moneys in the continuously appropriated Restitution Fund, this bill would make an appropriation. | |
| 34 | 33 | ||
| 34 | + | Existing law authorizes the California Supreme Court to compensate counsel, at a specified hourly rate, for representing indigent defendants in automatic appeals arising out of a judgment of death or for state postconviction proceedings in those cases. Existing law provides that this authorization is not intended to prohibit the hiring of counsel under a flat-fee arrangement. | |
| 35 | + | ||
| 36 | + | ||
| 37 | + | ||
| 38 | + | This bill would make technical, nonsubstantive changes to this authorization. | |
| 39 | + | ||
| 40 | + | ||
| 41 | + | ||
| 35 | 42 | ## Digest Key | |
| 36 | 43 | ||
| 37 | 44 | ## Bill Text | |
| 38 | 45 | ||
| 39 | - | The people of the State of California do enact as follows:SECTION 1. Section 13957.10 is added to the Government Code, to read:13957.10. (a) The board shall reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration, in accordance with this section.(b) If a person was incarcerated for less than three years, the board shall reimburse the person for services for no less than one year.(c) If a person was incarcerated for three or more years, the board shall reimburse the person for services for no less than two years.(d) The board shall not reimburse the person for services for a period of time exceeding the amount of time the person was incarcerated.(e) The board shall provide payment or reimbursement no more than 30 days after a claim is submitted.(f) As used in this section, an exonerated person is a person who was convicted and subsequently one of the following occurred:(1) A writ of habeas corpus concerning the person was granted on the basis that the evidence unerringly points to innocence, or the persons conviction was reversed on appeal on the basis of insufficient evidence.(2) A writ of habeas corpus concerning the person was granted pursuant to Section 1473 of the Penal Code, resulting in dismissal of the criminal charges for which they were incarcerated.(3) The person was granted an absolute pardon by the Governor on the basis that the person was innocent. | |
| 46 | + | The people of the State of California do enact as follows:SECTION 1. Section 13957.10 is added to the Government Code, to read:13957.10. (a) The board shall reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration, in accordance with this section.(b) If a person was incarcerated for less than three years, the board shall reimburse the person for services for no less than one year.(c) If a person was incarcerated for three or more years, the board shall reimburse the person for services for no less than two years.(d) The board shall not reimburse the person for services for a period of time exceeding the amount of time the person was incarcerated.(e) The board shall provide payment or reimbursement no more than 30 days after a claim is submitted.(f) As used in this section, an exonerated person is a person who was convicted and subsequently one of the following occurred:(1) A writ of habeas corpus concerning the person was granted on the basis that the evidence unerringly points to innocence, or the persons conviction was reversed on appeal on the basis of insufficient evidence.(2) A writ of habeas corpus concerning the person was granted pursuant to Section 1473 of the Penal Code, resulting in dismissal of the criminal charges for which they were incarcerated.(3) The person was granted an absolute pardon by the Governor on the basis that the person was innocent.SECTION 1.Section 68666 of the Government Code is amended to read:68666.(a)The Supreme Court may compensate counsel representing indigent defendants in automatic appeals arising out of a judgment of death or for state postconviction proceedings in those cases at a rate of at least one hundred twenty-five dollars ($125) per allowable hour, as defined by the Supreme Courts Payment Guidelines for Appointed Counsel Representing Indigent Criminal Appellants. Nothing in this section is intended to prohibit the hiring of counsel under a flat-fee arrangement.(b)The Supreme Court may set a guideline limitation on investigative and other expenses allowable for counsel to adequately investigate and present collateral claims of up to fifty thousand dollars ($50,000) without an order to show cause.(c)It is the intent of the Legislature that payments to appointed counsel be made within 60 days of submission of a billing. | |
| 40 | 47 | ||
| 41 | 48 | The people of the State of California do enact as follows: | |
| 42 | 49 | ||
| 43 | 50 | ## The people of the State of California do enact as follows: | |
| 44 | 51 | ||
| 45 | - | SECTION 1. Section 13957.10 is added to the Government Code, to read:13957.10. (a) The board shall reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration, in accordance with this section.(b) If a person was incarcerated for less than three years, the board shall reimburse the person for services for no less than one year.(c) If a person was incarcerated for three or more years, the board shall reimburse the person for services for no less than two years.(d) The board shall not reimburse the person for services for a period of time exceeding the amount of time the person was incarcerated.(e) The board shall provide payment or reimbursement no more than 30 days after a claim is submitted.(f) As used in this section, an exonerated person is a person who was convicted and subsequently one of the following occurred:(1) A writ of habeas corpus concerning the person was granted on the basis that the evidence unerringly points to innocence, or the persons conviction was reversed on appeal on the basis of insufficient evidence.(2) A writ of habeas corpus concerning the person was granted pursuant to Section 1473 of the Penal Code, resulting in dismissal of the criminal charges for which they were incarcerated.(3) The person was granted an absolute pardon by the Governor on the basis that the person was innocent. | |
| 52 | + | SECTION 1. Section 13957.10 is added to the Government Code, to read:13957.10. (a) The board shall reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration, in accordance with this section.(b) If a person was incarcerated for less than three years, the board shall reimburse the person for services for no less than one year.(c) If a person was incarcerated for three or more years, the board shall reimburse the person for services for no less than two years.(d) The board shall not reimburse the person for services for a period of time exceeding the amount of time the person was incarcerated.(e) The board shall provide payment or reimbursement no more than 30 days after a claim is submitted.(f) As used in this section, an exonerated person is a person who was convicted and subsequently one of the following occurred:(1) A writ of habeas corpus concerning the person was granted on the basis that the evidence unerringly points to innocence, or the persons conviction was reversed on appeal on the basis of insufficient evidence.(2) A writ of habeas corpus concerning the person was granted pursuant to Section 1473 of the Penal Code, resulting in dismissal of the criminal charges for which they were incarcerated.(3) The person was granted an absolute pardon by the Governor on the basis that the person was innocent. | |
| 46 | 53 | ||
| 47 | 54 | SECTION 1. Section 13957.10 is added to the Government Code, to read: | |
| 48 | 55 | ||
| 49 | 56 | ### SECTION 1. | |
| 50 | 57 | ||
| 51 | - | 13957.10. (a) The board shall reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration, in accordance with this section.(b) If a person was incarcerated for less than three years, the board shall reimburse the person for services for no less than one year.(c) If a person was incarcerated for three or more years, the board shall reimburse the person for services for no less than two years.(d) The board shall not reimburse the person for services for a period of time exceeding the amount of time the person was incarcerated.(e) The board shall provide payment or reimbursement no more than 30 days after a claim is submitted.(f) As used in this section, an exonerated person is a person who was convicted and subsequently one of the following occurred:(1) A writ of habeas corpus concerning the person was granted on the basis that the evidence unerringly points to innocence, or the persons conviction was reversed on appeal on the basis of insufficient evidence.(2) A writ of habeas corpus concerning the person was granted pursuant to Section 1473 of the Penal Code, resulting in dismissal of the criminal charges for which they were incarcerated.(3) The person was granted an absolute pardon by the Governor on the basis that the person was innocent. | |
| 58 | + | 13957.10. (a) The board shall reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration, in accordance with this section.(b) If a person was incarcerated for less than three years, the board shall reimburse the person for services for no less than one year.(c) If a person was incarcerated for three or more years, the board shall reimburse the person for services for no less than two years.(d) The board shall not reimburse the person for services for a period of time exceeding the amount of time the person was incarcerated.(e) The board shall provide payment or reimbursement no more than 30 days after a claim is submitted.(f) As used in this section, an exonerated person is a person who was convicted and subsequently one of the following occurred:(1) A writ of habeas corpus concerning the person was granted on the basis that the evidence unerringly points to innocence, or the persons conviction was reversed on appeal on the basis of insufficient evidence.(2) A writ of habeas corpus concerning the person was granted pursuant to Section 1473 of the Penal Code, resulting in dismissal of the criminal charges for which they were incarcerated.(3) The person was granted an absolute pardon by the Governor on the basis that the person was innocent. | |
| 52 | 59 | ||
| 53 | - | 13957.10. (a) The board shall reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration, in accordance with this section.(b) If a person was incarcerated for less than three years, the board shall reimburse the person for services for no less than one year.(c) If a person was incarcerated for three or more years, the board shall reimburse the person for services for no less than two years.(d) The board shall not reimburse the person for services for a period of time exceeding the amount of time the person was incarcerated.(e) The board shall provide payment or reimbursement no more than 30 days after a claim is submitted.(f) As used in this section, an exonerated person is a person who was convicted and subsequently one of the following occurred:(1) A writ of habeas corpus concerning the person was granted on the basis that the evidence unerringly points to innocence, or the persons conviction was reversed on appeal on the basis of insufficient evidence.(2) A writ of habeas corpus concerning the person was granted pursuant to Section 1473 of the Penal Code, resulting in dismissal of the criminal charges for which they were incarcerated.(3) The person was granted an absolute pardon by the Governor on the basis that the person was innocent. | |
| 60 | + | 13957.10. (a) The board shall reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration, in accordance with this section.(b) If a person was incarcerated for less than three years, the board shall reimburse the person for services for no less than one year.(c) If a person was incarcerated for three or more years, the board shall reimburse the person for services for no less than two years.(d) The board shall not reimburse the person for services for a period of time exceeding the amount of time the person was incarcerated.(e) The board shall provide payment or reimbursement no more than 30 days after a claim is submitted.(f) As used in this section, an exonerated person is a person who was convicted and subsequently one of the following occurred:(1) A writ of habeas corpus concerning the person was granted on the basis that the evidence unerringly points to innocence, or the persons conviction was reversed on appeal on the basis of insufficient evidence.(2) A writ of habeas corpus concerning the person was granted pursuant to Section 1473 of the Penal Code, resulting in dismissal of the criminal charges for which they were incarcerated.(3) The person was granted an absolute pardon by the Governor on the basis that the person was innocent. | |
| 54 | 61 | ||
| 55 | - | 13957.10. (a) The board shall reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration, in accordance with this section.(b) If a person was incarcerated for less than three years, the board shall reimburse the person for services for no less than one year.(c) If a person was incarcerated for three or more years, the board shall reimburse the person for services for no less than two years.(d) The board shall not reimburse the person for services for a period of time exceeding the amount of time the person was incarcerated.(e) The board shall provide payment or reimbursement no more than 30 days after a claim is submitted.(f) As used in this section, an exonerated person is a person who was convicted and subsequently one of the following occurred:(1) A writ of habeas corpus concerning the person was granted on the basis that the evidence unerringly points to innocence, or the persons conviction was reversed on appeal on the basis of insufficient evidence.(2) A writ of habeas corpus concerning the person was granted pursuant to Section 1473 of the Penal Code, resulting in dismissal of the criminal charges for which they were incarcerated.(3) The person was granted an absolute pardon by the Governor on the basis that the person was innocent. | |
| 62 | + | 13957.10. (a) The board shall reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration, in accordance with this section.(b) If a person was incarcerated for less than three years, the board shall reimburse the person for services for no less than one year.(c) If a person was incarcerated for three or more years, the board shall reimburse the person for services for no less than two years.(d) The board shall not reimburse the person for services for a period of time exceeding the amount of time the person was incarcerated.(e) The board shall provide payment or reimbursement no more than 30 days after a claim is submitted.(f) As used in this section, an exonerated person is a person who was convicted and subsequently one of the following occurred:(1) A writ of habeas corpus concerning the person was granted on the basis that the evidence unerringly points to innocence, or the persons conviction was reversed on appeal on the basis of insufficient evidence.(2) A writ of habeas corpus concerning the person was granted pursuant to Section 1473 of the Penal Code, resulting in dismissal of the criminal charges for which they were incarcerated.(3) The person was granted an absolute pardon by the Governor on the basis that the person was innocent. | |
| 56 | 63 | ||
| 57 | 64 | ||
| 58 | 65 | ||
| 59 | 66 | 13957.10. (a) The board shall reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration, in accordance with this section. | |
| 60 | 67 | ||
| 61 | 68 | (b) If a person was incarcerated for less than three years, the board shall reimburse the person for services for no less than one year. | |
| 62 | 69 | ||
| 63 | 70 | (c) If a person was incarcerated for three or more years, the board shall reimburse the person for services for no less than two years. | |
| 64 | 71 | ||
| 65 | 72 | (d) The board shall not reimburse the person for services for a period of time exceeding the amount of time the person was incarcerated. | |
| 66 | 73 | ||
| 67 | 74 | (e) The board shall provide payment or reimbursement no more than 30 days after a claim is submitted. | |
| 68 | 75 | ||
| 69 | 76 | (f) As used in this section, an exonerated person is a person who was convicted and subsequently one of the following occurred: | |
| 70 | 77 | ||
| 71 | 78 | (1) A writ of habeas corpus concerning the person was granted on the basis that the evidence unerringly points to innocence, or the persons conviction was reversed on appeal on the basis of insufficient evidence. | |
| 72 | 79 | ||
| 73 | 80 | (2) A writ of habeas corpus concerning the person was granted pursuant to Section 1473 of the Penal Code, resulting in dismissal of the criminal charges for which they were incarcerated. | |
| 74 | 81 | ||
| 75 | 82 | (3) The person was granted an absolute pardon by the Governor on the basis that the person was innocent. | |
| 76 | 83 | ||
| 77 | - | (g) The direct payment or reimbursement to which an exonerated person is entitled pursuant to this section is in addition to any other services provided to an exonerated person pursuant to Section 3007.05 of the Penal Code. | |
| 84 | + | ||
| 85 | + | ||
| 86 | + | ||
| 87 | + | ||
| 88 | + | (a)The Supreme Court may compensate counsel representing indigent defendants in automatic appeals arising out of a judgment of death or for state postconviction proceedings in those cases at a rate of at least one hundred twenty-five dollars ($125) per allowable hour, as defined by the Supreme Courts Payment Guidelines for Appointed Counsel Representing Indigent Criminal Appellants. Nothing in this section is intended to prohibit the hiring of counsel under a flat-fee arrangement. | |
| 89 | + | ||
| 90 | + | ||
| 91 | + | ||
| 92 | + | (b)The Supreme Court may set a guideline limitation on investigative and other expenses allowable for counsel to adequately investigate and present collateral claims of up to fifty thousand dollars ($50,000) without an order to show cause. | |
| 93 | + | ||
| 94 | + | ||
| 95 | + | ||
| 96 | + | (c)It is the intent of the Legislature that payments to appointed counsel be made within 60 days of submission of a billing. |